Environmental rights as basis for a claim

Nuclear Test Cases: Australia v. France (1973)

FACTS: A series of nuclear tests was conducted by France in the South Pacific Ocean. Hence, the
Australian Government asked the ICJ to adjudge and declare that the carrying out of further atmospheric
nuclear weapon tests was not consistent with applicable rules of international law, and to order that the
French Republic should not carry out any further such tests. On the same date, the Australia asked the
Court to indicate interim measures of protection. While the case was pending, France announced the
series of tests was complete and that it did not plan any further such tests. France moved to dismiss the
applications.
ISSUE: WON the claim of Australia should be granted
HELD: NO. The claim of Australia no longer had any object and that the Court was therefore not called
upon to give a decision thereon. Even before turning to questions of jurisdiction and admissibility, the
Court has first to consider the essentially preliminary question as to whether a dispute exists and to
analyze the claim submitted to it. The Court finds that the objective of Australia has in effect been
accomplished in as much as France has undertaken the obligation to hold no further nuclear tests in the
atmosphere in the South Pacific. The dispute having thus disappeared, the claim no longer has any object
and there is nothing on which to give judgment.